Planning Flashcards
What is the Localism Act 2011?
Part of ‘big society’ – gives more autonomy at local level – transfer of power from central to local government. Greater control over finances, public service etc
Focus on neighbourhood planning – local residents can decide the outcomes for their areas.
Developers obliger to consult local communities and have regard to their views before submitting major planning applications.
What is the National Planning Policy Framework (NPPF)?
First published March 2012. Revised in July 2021
- Aims to balance economic growth with environmental protection
Streamline the planning process (red tape etc)
- Ensure planning decisions made at grass roots level. Devolving power to the local level
- Main principles is a presumption in favour of sustainable development
- Return to a local plan system
- Local authorities have to demonstrate a 5-year housing land supply
Regional housing targets should be abolished and targets set locally
Review existing Green Belt boundaries and protection of town centres.
- Front-loading planning applications with pre-app engagement. Planning performance agreements are encouraged to keep the momentum during a planning application
- In assessing applications that affect heritage assets, decisions must balance the presumption in favour of sustainable development against the significance of the asset
What are the changes in the revised National Planning Policy Framework (NPFF), July 2021?
In acknowledging the need to address UN Sustainable Development Goals, environmental objectives to protect and enhance the environment and improve biodiversity, replace the previously stated need merely to contribute to these objectives.
What is S. 106 Agreements?
Introduced under the TCPA 1990
They are planning obligations which are set out in a legal binding agreement enforceable by the Council and are site specific
The agreement has to be entered into before planning consent is granted
They relate to various forms of community gain and can be either specific works of the payment of a financial contribution to the Council
This is where the level of affordable housing is negotiated. Can also be the cost of a new school, community facility or open space
Only items justifiable within the 3 legal tests of necessity, having a direct relationship to the development and fair and reasonably related in scale and kind of development.
What are the 2 types of planning Applications
- Outline consent – requires submission of further application for reserved matters which must be contained in the subsequent detailed application with 3 years. Once the reserved matters have been approved there is usually a 2 year period within which development must commence
- Full planning permission usually lasts 3 years from date of consent. Can come with conditions attached by the Council, but these have to be reasonable.
What is the Community Infrastructure Levy (CIL)
Used for off-site payments from developers to raise funds for infrastructure necessary to support development in the area
Based on a charging schedule per square metre published by the council. Relates to the additional floorspace being created, excluding the floorspace that is demolished
Affordable housing floorspace also excluded. Also some things with a community use, e.g. school etc
Aim of CIL is to reduce the considerable negotiations required to complete a S106 agreement and standardise and speed up the planning approach with viability testing (note that this is also part of the White Paper – aiming to get rid of S106 agreements and have a single, non-negotiable charge – let’s see how it works out)
Developers can’t be double charged by CIL and S106 agreements for the same item
Proceeds of CIL go towards: roads and transport facilities, flood defences and open spaces, schools/educational facilities, medical and sporting facilities
What is the Planning White Paper (“Planning for the Future”) August 2020 and the key proposal ?
Unofficially known as ‘Build, build and build.’
Streamlining and modernising the planning system with greater public engagement and
digitalisation
* Cutting the time taken for local plan adoption by a third ,
* Fast track process for some applications for ‘growth areas’ and ‘beautiful schemes
* New local plan designations for land for growth, renewal, and protection
* A new focus on design and sustainability
* Improve the system of developer contributions with a new infrastructure levy for infrastructure and affordable housing
* Ensure more land is available for development where it is needed
What is the definition of development?
Set out in the Town and Country Planning Act 1990
* Planning permission required for development
* The definition of development is ‘the carrying out of building, engineering, mining or other operations in on, over, or under land, or the making of any material change in the use of any buildings or land’
* Building includes demolition, rebuilding and structural alterations
What is a Lawful development certificate?
This allows the possibility of obtaining a statutory document confirming the use or activity named in the
document is lawfuljor planning control purposes
* A Certificate of Lawful Existing Use or Development is required (CLUED)
* It can relate to an existing or proposed use
* An application has to be made to the LPA in writing
What are the basic time limits for taking enforcement action in a case of suspected breach of planning control?
- Operational development - 4 years
- Change of use of a:·ny building to use as a single dwelling house - 4 years
- Any other breach of planning control (most commonly unauthorised material change of use or breach of condition) - 10 years. After that, the breach of planning control is not only immune from enforcement, but becomes lawful, and a CLEUD may be obtained
What ate the Use Classes under Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020?
Class B - Industrial
* B2 General industrial
* B8 Storage or distribution
Class C - Residential
* C1 Hotels
* C2 Residential institutions
* C2A Secure Residential Institution
* C3 Dwellings:
* C3(a) single family home ,
* C3(b) up to six people living together as a single household and receiving care
* C3(c) groups of up to six people living together as a single household
* C4 Houses in multiple occupation (small shared houses occupied by between three and six
unrelated individuals, sharing basic amenities such as a kitchen or bathroom)
Class E - Commercial, Business and Service
- Display or retail sale of goods, other than hot food
- Sale of food and drink for consumption (mostly) on the premises
- Financial services, professional services, other services in a commercial, business or service locality
- Indoor sport, recreation of fitness (gyms)
- Provision of medical or health services
- Creche, day nursery or day centre (not including residential use)
- Uses which can be carried out in a residential area without detriment to its amenity (offices, research and development, industrial processes (like the old B1c))
Class F - Local Community and Learning
F1 – learning and non-residential institutions
- Provision of education
- Display of works of art (other than for sale or hire) i.e. public galleries, not for sale galleries
- Museums
- Public libraries or reading rooms
- Public halls or exhibition halls
- Public worship or religious institution
- Law courts
F2 – local community
- Shop (mostly) selling essential goods (inc food) where the premises are less than 280 sqm and there is no other such facility within 1000 metres
- Halls or meeting places for the principal use of the local community
- Areas of places for outdoor sport or recreation (like bowling greens)
- Indoor or outdoor swimming pools or skating rinks
What is Permitted Development?
- Forms of development for which permission is not required
- Many permitted development rights for change of use (e.g. B1/ C3)
- Sui generis use is where there is no specified use class (‘its own use’) – permission is always required
- Mezzanines – for retail, up to 200 sqm permitted. In industrial (like Sapphire House), most things are permitted – would just be an internal alteration
- PDR may not apply in conservation areas, AONBs or National Parks
- Agricultural buildings have some given rights to change to a range of commercial uses, such as educational and residential. Subject to size criteria and prior approval from the Council
- Written prior approval normally required from the Council prior to any change of use in accordance with PDR. Council will check its impact against highways, flooding, contamination and noise impact
What are the listed buildings?
- Buildings of national architectural or historic interest, or under threat
- Maintained by the DCHLG. Administered by Historic England.
- Also locally listed buildings which are all done by the local Council. These have much less weight.
- Grade 1, Grade 2* and Grade 2.
- Age, rarity, selectivity, national interest, state of repair, aesthetic merit.
- An offence to carry out works to a listed building without prior listed building consent. Way more hoops to jump through
What are conservation areas?
These are ‘areas of special architectural or historic interest, the character or appearance of which it is
desirable to preserve or enhance’
* Planning consent is required for any demolition of a building in a conservation area
* New development should be in keeping with the area
* Trees in conservation areas are protected
What impact will the Town and Country Planning Use Classes Amendments 2020
have?
▪ This will enable repurposing of buildings on high streets and town centres.
▪ The new Class E allows for a mix of uses to reflect changing retail requirements.
▪ It will allow a building to be used flexibly by having a number of uses taking place
concurrently or by allowing different uses to take place at different times of the
day.
